Arkansas Game & Fish Commission v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-597	Fed. Cir.	Oct 3, 2012 Tr.Aud.	Dec 4, 2012	8-0	Ginsburg	OT 2012

Holding: Recurrent flooding that is induced by the government and temporary in duration is not automatically exempt from liability under the Takings Clause. (Kagan, J., recused.)

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Ginsburg on December 4, 2012.

SCOTUSblog Coverage

Opinion analysis: Some advice about "takings" (Lyle Denniston)
Argument recap: "Trust us" as a legal standard (Lyle Denniston)
Argument preview: Duty to pay for flooding (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Nov 9 2011	Petition for a writ of certiorari filed. (Response due December 16, 2011)
Dec 6 2011	Order extending time to file response to petition to and including January 17, 2012.
Dec 9 2011	Brief amici curiae of National Association of Home Builders, et al. filed.
Dec 15 2011	Brief amici curiae of Pacific Legal Foundation, and Cato Institute filed.
Dec 15 2011	Brief amici curiae of Arkansas, et al. filed.
Dec 16 2011	Brief amicus curiae of Association of Fish & Wildlife Agencies filed.
Jan 13 2012	Order further extending time to file response to petition to and including March 1, 2012.
Mar 1 2012	Brief of respondent United States in opposition filed.
Mar 8 2012	Reply of petitioner Arkansas Game & Fish Commission filed.
Mar 14 2012	DISTRIBUTED for Conference of March 30, 2012.
Apr 2 2012	Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Apr 23 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the counsel for the respondent.
May 7 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 22, 2012.
May 7 2012	The time to file respondent's brief on the merits is extended to and including August 24, 2012.
Jun 18 2012	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 27, 2012.
Jun 18 2012	The time to file respondent's brief on the merits is further extended to and including August 27, 2012.
Jun 27 2012	Joint appendix filed. (Joint appendix in 3 volumes). (Statement of costs filed)
Jun 27 2012	Brief of petitioner Arkansas Game & Fish Commission filed.
Jul 3 2012	Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed.
Jul 3 2012	Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jul 5 2012	Brief amicus curiae of Owners' Counsel of America filed.
Jul 5 2012	Brief amici curiae of Wolfsen Land & Cattle Co., et al. filed.
Jul 5 2012	Brief amici curiae of Washington Legal Foundation, et al. filed.
Jul 13 2012	CIRCULATED.
Jul 23 2012	SET FOR ARGUMENT ON Wednesday, October 3, 2012
Jul 31 2012	Record received from U.S.C.A. for Federal Circuit. (1 box)
Aug 27 2012	Brief of respondent United States filed. (Distributed)
Aug 29 2012	Record from U.S. Court of Federal Claims is electronic.
Aug 30 2012	Motion for leave to file amici brief filed by professors of law teaching in the property law and water rights fields.
Sep 4 2012	Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Sep 19 2012	Reply of petitioner Arkansas Game & Fish Commission filed. (Distributed)
Sep 25 2012	Motion for leave to file amici brief filed by professors of law teaching in the property law and water rights fields GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 3 2012	Argued. For petitioner: James F. Goodhart, Little Rock, Ark. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
Dec 4 2012	Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Kagan, J., who took no part in the consideration or decision of the case.
Jan 7 2013	JUDGMENT ISSUED.
Jul 5 2013	Record returned to U.S.C.A. for Federal Circuit.

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Arkansas Game & Fish Commission v. United States

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Relist Watch: The Muller Report – John Elwood

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary – Erin Scharff

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